Exchange Fluctuation Loss – Revenue or Capital Expenditure – Section 37 of Income Tax Act – Appellant challenged the High Court's decision that reversed ITAT's finding – Supreme Court held that the exchange fluctuation loss is incidental to carrying on business and is allowable under Section 37 as revenue expenditure – The funds borrowed in foreign exchange we...
Right to Establish Educational Institutions – Regulatory Measures – Constitutionality of Amended Regulation – Appellant challenged the High Court’s decision striking down the DCI’s amended Regulation 6(2)(h) – Supreme Court held that regulatory measures to ensure proper academic standards, infrastructure, and prevention of maladministration are permissible &ndas...
Colorblindness and Eligibility for Courses – FTII – Admission Criteria – Supreme Court held that individuals with colorblindness are permitted to enroll for all courses offered by FTII – The Committee formed to examine the issue recommended that colorblind individuals should not be barred from any courses – Reasonable accommodations and assistance can enable colorblin...
Jurisdiction of Civil Courts – Retrospective Application of Rent Control Act – Applicability to Pending Suits – Appellants contested a decree for possession passed by a civil court after the Rajasthan Rent Control Act, 2001 became applicable – Supreme Court held that the Act does not bar the execution of a decree passed by a civil court if the suit was filed before the Act&...
Specific Performance – Execution and Consideration – Admission by Vendor – Once the execution of the agreement to sell and receipt of substantial advance sale consideration were admitted by the vendor, no further proof was required by the plaintiff-vendee – The Trial Court correctly decreed the suit for specific performance – High Court's interference in the decre...
Permission for Medical Courses – Requirements Under Central Council Act – Regulatory Compliance – CCIM denied permission to respondent medical colleges for postgraduate admissions for 2018-19 due to lack of Central Research Laboratory and Animal House – Karnataka High Court allowed admissions relying on subsequent permission for 2019-20 – Supreme Court held that each ...
Injunction - Co-ownership and Co-sharers – Petition under Article 227 of the Constitution – Injunction granted against co-sharers and co-owners restraining interference in possession – Petitioners challenged the injunction on the ground that it could not be granted against a co-sharer – Held, co-sharers who fail to establish exclusive possession cannot deny the right to ano...
Family Law - Divorce – Irretrievable Breakdown of Marriage – Divorce granted to husband – Parties living separately for approximately 20 years – Strong presumption that marriage has broken down – Court considers the prolonged separation and the futility of preserving an unworkable marriage – Divorce granted with a permanent alimony of Rs. 20,00,000/- to the wife...
Tax Exemption Withdrawal – Sick Industrial Companies Act – Section 19(3) – Exemption Withdrawal – Appellant revived a sick unit and received tax exemption as per the Kerala Government's 2004 order – Supreme Court held that the exemption granted under Section 19(3) is binding on the State – Government's withdrawal of exemption through the 2006 order was i...
Dam Safety – Mullaperiyar Dam – Interim Supervisory Committee – Court orders the continuation and strengthening of the Supervisory Committee constituted under the 2014 judgment until the National Dam Safety Authority (NDSA) is fully operational – The Supervisory Committee to function as the NDSA and be accountable for all matters relating to the dam's safety, including ...